A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 17, 2013, the Defendant received a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Suwon District Court, and on May 2, 2014, the Defendant violated Article 44(1) of the Road Traffic Act on two occasions in total, such as receiving a summary order of 5 million won by a fine for the same crime, etc. on the same charge at the same court, but on January 28, 2015, the Defendant driven a vehicle with B-hurd from the front of the new apartment house owner located in the Sejong-gu, Suwon-si, Suwon-si, Suwon-si, Seoul Special Metropolitan City, to the front of the car class in the same Dong, without a driver’s license, at a level of about 200 meters, while under the influence of alcohol of 0.172% of blood alcohol without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Drinking, measuring instruments, and electronic documents;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to criminal history records, reply reports (A), investigation reports (applicable to the same type of judgment, etc.);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Do1448, Apr. 21, 2009);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;